The dismissal of the employee was justified based on proven misconduct, fulfilling the employer's burden of proof.

Reference

[1] This is a reference made under s 20(3) of the Industrial Relations Act 1967 (Act 177), arising out of the dismissal of Ganason a/l Arumugam (hereinafter referred to as "the Claimant") by Malaysian Resources Corporation Berhad (hereinafter referred to as "the 1st Company") and MRCB Builders Sdn Bhd (hereinafter referred to as "the 2nd Company") on 21 November 2019.

[2] The Ministerial reference in this case required the Court to hear and determine the Claimant's complaint of dismissal by the Company on 21 November 2019.

I. Procedural History

[3] The Court received the letters pertaining to the Ministerial reference under s 20(3) of the Industrial Relations Act 1967 on 17 July 2020.

[4] The matters were fixed for mention on 13 August 2020, 25 August 2020, 7 September 2020, 12 October 2020, 23 October 2020, 31 May 2021 and 8 September 2021 by the then Chairman of Court 15 and subsequently Court No 6, ie Puan Reihana Bte. Abd. Razak.

[5] Upon hearing an application by the Claimant on 7 September 2020, both matters were then consolidated vide Award No 1271 of 2020.

[6] The trial proceeded before learned Chairman, Puan Reihana Bte. Abd. Razak on 15 February 2021, 16 February 2021, 18 May 2021, 3 October 2021, 11 January 2022, 13 January 2022, 3 March 2022 and 7 April 2022.

[7] The file was then transferred to Court No 22 to be heard before me due to Puan Reihana Bte. Abd. Razak's transfer to the Advisory Board, Prime Minister's Department on 16 May 2022.

[8] The trial thereafter continued before me on 23 May 2022, 30 May 2022, 13 July 2022 and concluded on 9 August 2022.

II. The Parties' Position On The Merits

(a) The Claimant

[9] By a letter dated 29 August 2014, the Claimant was offered and accepted permanent employment with the 1st Company as Senior Manager, Legal in Job Grade 6. The Claimant commenced his service with the 1st Company on 15 September 2014.

[10] After successfully serving his probationary period, the Claimant was confirmed in his employment with the 1st Company vide letter dated 11 March 2015 as a Senior Manager, Legal effective from 15 March 2015.

[11] Pursuant to a request by Mr Samarasam a/l Krishnan (General Manager, Integrity and Discipline Department; COW-1) and Mr Amarjit Singh Chinna (Chief Corporate Officer) of the 1st Company on 6 September 2016, purportedly on the basis that the Claimant's relationship with his immediate successor, Pn. Nur Shazlin binti Ahmad Kushairi (General Manager, Legal Department), had broken down and that she did not want the Claimant to work in her department and wanted immediate action to be taken against the Claimant, both COW-1 and Mr Amarjit Singh requested the Claimant to resign from service and that the Claimant will be offered a fixed term contract of employment for a period of 2 years after he resigns from service and further that his contract will be renewed every 2 years so long as the Claimant's performance was up to the expectations of the 1st Company. The Claimant thereafter resigned from service with effect from 16 September vide letter dated 12 September 2016.

[12]Vide letter dated 15 September 2016, the 1st Company offered the Claimant a fixed term contract of employment as Senior Manager, Special Projects, for a period of 6 months commencing on 1 October 2016 and ending on 31 March 2017, notwithstanding its promise to offer the Claimant a fixed term contract of employment for a period of 2 years.

[13] When the Claimant queried as to why his fixed term contract of employment was only for a period of 6 months wh